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Resources For

Pay & Leave Claim Decisions

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Office of the General Counsel

Date: October 9, 1998
Matter of: [xxx]
File Number: s9700033

OPM Contact: Murray M. Meeker

On October 22, 1955, the claimant was appointed to a Custodian
position with [agency] in [country]. The claimant remained
continuously employed by the United States Government until he
resigned from a Painter (Automotive) position with the [agency] on
July 12, 1965. More than thirty years later, by letter dated
September 17, 1996, the claimant asserted that at the time of his
resignation, he had not received the "seniority pay" to which he
was entitled. Having been received more than six years after the
claim accrued, the claim is barred.

In accordance with the Barring Act, 31 U.S.C. 3702(b)(1), every
claim against the United States is barred unless such claim is
received within six years after the date such claim first accrued.
The Barring Act does not merely establish administrative
guidelines, it specifically prescribes the time within which a
claim must be received in order for it to be considered on its
merits. OPM has no authority to disregard the provisions of the
Barring Act or to waive the time limitation that it imposes. See
Alfred L. Lillie, B-209955, May 31, 1983. Thus, there is
no basis upon which this claim may be considered.

This settlement is final. No further administrative review is
available within the Office of Personnel Management. Nothing in
this settlement limits the employee's right to bring an action in
an appropriate United States Court.